Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 26955-26957 [2018-12477]
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
Customs and Border Protection (CBP) 15
days after the date of publication of
these final results of review, to liquidate
shipments of subject merchandise
produced and/or exported by the
companies listed above, entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2015, through December 31, 2015, at the
ad valorem rates listed above.
DEPARTMENT OF COMMERCE
Cash Deposit Instructions
AGENCY:
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Programs Determined to Be
Countervailable
X. Programs Determined Not to Confer
Measurable Benefits
XI. Programs Determined Not to Be Used
During the POR
XII. Analysis of Comments
XIII. Conclusion
[FR Doc. 2018–12483 Filed 6–8–18; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of subject merchandise by
Toyo Kohan Co., Ltd. (Toyo Kohan) and
Nippon Steel & Sumitomo Metals
Corporation (NSSMC) were made at less
than normal value during the period of
review (POR) May 1, 2016, through
April 30, 2017. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable June 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Moses Song, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2017, Commerce published
a notice of opportunity to request an
administrative review of the
antidumping duty order on certain
nickel-plated, flat-rolled steel from
Japan.1 On May 22, 2017, Toyo Kohan
requested that Commerce conduct an
administrative review of its sales to the
United States during the POR.2 On May
30, 2017, the petitioner, Thomas Steel
Strip Corporation (Thomas Steel or the
petitioner), requested that Commerce
conduct administrative reviews of Toyo
Kohan and Nippon Steel & Sumitomo
Metal Corporation (NSSMC).3 On July 6,
2017, in response to these timely
requests, and in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce published a
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 20315
(May 1, 2017).
2 See Letter from Toyo Kohan to Commerce
regarding ‘‘Toyo Kohan’s Request for Antidumping
Administrative Review, Diffusion-Annealed NickelPlated Flat-Rolled Steel Products from Japan,’’
dated May 22, 2017.
3 See Letter from Thomas Steel to Commerce
regarding ‘‘Diffusion-Annealed Nickel-Plated FlatRolled Steel from Japan: Request for Third
Administrative Review of Antidumping Order,’’
dated May 30, 2017.
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26955
notice of initiation of an administrative
review of the antidumping duty order
on certain nickel-plated, flat-rolled steel
from Japan with respect to both Toyo
Kohan and NSSMC.4
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. The revised
deadline for the preliminary results of
this review is June 4, 2018.5
Scope of the Order
The diffusion-annealed, nickel-plated
flat-rolled steel products included in
this order are flat-rolled, cold-reduced
steel products, regardless of chemistry;
whether or not in coils; either plated or
coated with nickel or nickel-based
alloys and subsequently annealed (i.e.,
‘‘diffusion-annealed’’); whether or not
painted, varnished or coated with
plastics or other metallic or nonmetallic
substances; and less than or equal to 2.0
mm in nominal thickness. For purposes
of this order, ‘‘nickel-based alloys’’
include all nickel alloys with other
metals in which nickel accounts for at
least 80 percent of the alloy by volume.
Imports of merchandise included in
the scope of this order are classified
primarily under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7212.50.0000 and
7210.90.6000, but may also be classified
under HTSUS subheadings
7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020,
7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.90.0010,
7220.90.0015, 7225.99.0090, or
7226.99.0180. The foregoing HTSUS
subheadings are provided only for
convenience and customs purposes. The
written description of the scope of this
order is dispositive.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. For Toyo Kohan, export price
is calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the memorandum from
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
31292, 31294 (July 6, 2017) (Initiation Notice).
5 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
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26956
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
James Maeder, Associate Deputy
Assistant Secretary for AD/CVD
Operations, performing the duties of
Deputy Assistant Secretary for AD/CVD
Operations, to Gary Taverman, Deputy
Assistant Secretary for AD/CVD
Operations, performing the nonexclusive functions and duties of the
Assistant Secretary for Enforcement and
Compliance, titled ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Diffusion-Annealed, NickelPlated Flat-Rolled Steel Products from
Japan; 2016–2017’’ (Preliminary
Decision Memorandum), which is
issued concurrent with and hereby
adopted by this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
Access to ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
A list of topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Application of Adverse Facts Available
Pursuant to section 776(a) of the Act,
we are preliminarily relying upon facts
otherwise available to assign a
weighted-average dumping margin to
NSSMC in this review because NSSMC
did not respond to our AD
Questionnaire.6 Therefore, we
preliminarily find that necessary
information is not on the record of this
review, and that NSSMC withheld
information requested by Commerce,
failed to provide information by the
specified deadlines, and significantly
impeded the conduct of the review.
Further, we preliminarily determine
that NSSMC failed to cooperate by not
acting to the best of its ability to comply
with requests for information and, thus,
we are preliminarily applying total AFA
to NSSMC, in accordance with section
776(b) of the Act. For a full description
of the methodology underlying our
conclusion regarding the application of
AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that, for
the period May 1, 2016, through April
30, 2017, the following weightedaverage dumping margins exist for the
respondents:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
daltland on DSKBBV9HB2PROD with NOTICES
Toyo Kohan Co., Ltd ...........................................................................................................................................................................
Nippon Steel & Sumitomo Metal Corporation .....................................................................................................................................
Disclosure and Public Comment
Commerce will disclose to parties to
the proceeding the calculations
performed in connection with these
preliminary results of review within five
days after the date of publication of this
notice.7 Interested parties may submit
case briefs to Commerce in response to
these preliminary results no later than
30 days after the publication of these
preliminary results.8 Rebuttal briefs, the
content of which is limited to the issues
raised in the case briefs, must be filed
within five days from the deadline date
for the submission of case briefs.9
Parties who submit arguments in this
proceeding are requested to submit with
each argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 Executive summaries
should be limited to five pages total,
including footnotes. Case and rebuttal
briefs should be filed using ACCESS.11
In order to be properly filed, ACCESS
must successfully receive an
electronically-filed document in its
6 See Letter from Commerce to NSSMC, regarding
the antidumping duty questionnaire, dated July 18,
2017 (AD Questionnaire).
7 See 19 CFR 351.224(b)
8 See 19 CFR 351.309(c)(1)(ii).
9 See 19 CFR 351.309(d)(1) and (2).
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19:19 Jun 08, 2018
Jkt 244001
entirety by 5 p.m. Eastern Time. Case
and rebuttal briefs must be served
individually on all interested parties.12
Within 30 days of the date of
publication of this notice, interested
parties may request a public hearing on
arguments raised in the case and
rebuttal briefs.13 Unless Commerce
specifies otherwise, the hearing, if
requested, will be held two days after
the date for submission of rebuttal
briefs.14 Hearing requests should be
electronically submitted to Commerce
via ACCESS.15 Commerce’s electronic
records system, ACCESS, must
successfully receive an electronicallyfiled document in its entirety by 5:00
p.m. Eastern Time within 30 days after
the date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.16 Parties will be notified
of the time and location of the hearing.
10 See
19 CFR 351.309(c)(2) and (d)(2).
generally 19 CFR 351.303.
12 See 19 CFR 351.303(f).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d)(1).
11 See
PO 00000
Frm 00012
Fmt 4703
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4.53
77.70
Commerce intends to publish the final
results of this administrative review,
including the results of its analysis of
issues addressed in any case or rebuttal
brief, no later than 120 days after
publication of the preliminary results,
unless extended.17
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.18 If a respondent’s weightedaverage dumping margin is not zero or
de minimis in the final results of this
review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, then we will instruct CBP to
15 See
generally, 19 CFR 351.303.
19 CFR 351.310(c).
17 See section 751(a)(3)(A) of the Act; 19 CFR
351.213(h).
18 See 19 CFR 351.212(b)(1).
16 See
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
liquidate that respondent’s entries
without regards to antidumping duties
in accordance with the Final
Modification for Reviews, i.e., ‘‘{w}here
the weighted-average margin of
dumping for the exporter is determined
to be zero or de minimis, no
antidumping duties will be assessed.’’ 19
Further, if an importer-specific
assessment rate is zero or de minimis,
then we will instruct CBP to liquidate
that importer’s entries without regards
to antidumping duties.20 The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.
For entries of subject merchandise
during the POR produced by Toyo
Kohan for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for
intermediate company(ies) involved in
the transaction.21 The all-others rate is
45.42 percent.22
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for companies subject
to this review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review (except, if the rate
is zero or de minimis, no cash deposit
will be required); (2) for merchandise
exported by a producer or exporter not
covered in this review but covered in a
prior, completed segment of this
proceeding, the cash deposit rate will
daltland on DSKBBV9HB2PROD with NOTICES
19 See
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
20 See 19 CFR 351.106(c)(2).
21 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
22 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816, 30817 (May 29, 2014)
(Order).
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19:19 Jun 08, 2018
Jkt 244001
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the lessthan-fair value investigation but the
producer is, the cash deposit rate will be
the rate established a prior, completed
segment of this proceeding for the most
recent period for the producer of the
subject merchandise; or (4) the cash
deposit rate for all other producers or
exporters will be the all-others rate of
45.42 percent established in the
investigation.23 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
Countervailing Duty Operations, performing
the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of
Adverse Inference
A. Application of Facts Available
B. Use of Adverse Inference
C. Selection and Corroboration of the
Adverse Facts Available Rate
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Level of Trade
3. Sales to Affiliated Customers
4. Cost of Production Analysis
5. Cost of Production Test
23 See
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26957
6. Calculation of Normal Value Based on
Comparison Market Prices
7. Price-to-Constructed Value Comparisons
8. Constructed Value
F. Currency Conversion
VIII. Recommendation
[FR Doc. 2018–12477 Filed 6–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From Turkey: Preliminary Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers/exporters subject to this
review made sales of the subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Effective June 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain oil
country tubular goods (OCTG) from
Turkey. The period of review (POR) is
September 1, 2016, through August 31,
2017. The review covers six producers/
exporters of the subject merchandise.
We selected Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and Yucel Boru ˙thalatI
¸
˙
Ihracat ve Pazarlama A.S (collectively,
¸
¨
Yucel) 1 for individual examination.
Scope of the Order
The merchandise covered by the order
is certain OCTG. The merchandise
subject to the order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7304.29.10.10,
1 We previously determined these companies to
constitute a single entity. See Certain Oil Country
Tubular Goods from the Republic of Turkey: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances in Part, 79 FR 41971, 41973 (July 18,
2014).
E:\FR\FM\11JNN1.SGM
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Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26955-26957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12477]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Results of Antidumping Duty Administrative Review;
2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of subject merchandise by Toyo Kohan Co., Ltd. (Toyo Kohan)
and Nippon Steel & Sumitomo Metals Corporation (NSSMC) were made at
less than normal value during the period of review (POR) May 1, 2016,
through April 30, 2017. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 11, 2018.
FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2017, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
certain nickel-plated, flat-rolled steel from Japan.\1\ On May 22,
2017, Toyo Kohan requested that Commerce conduct an administrative
review of its sales to the United States during the POR.\2\ On May 30,
2017, the petitioner, Thomas Steel Strip Corporation (Thomas Steel or
the petitioner), requested that Commerce conduct administrative reviews
of Toyo Kohan and Nippon Steel & Sumitomo Metal Corporation (NSSMC).\3\
On July 6, 2017, in response to these timely requests, and in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.221(c)(1)(i), Commerce published a notice of
initiation of an administrative review of the antidumping duty order on
certain nickel-plated, flat-rolled steel from Japan with respect to
both Toyo Kohan and NSSMC.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 82 FR 20315 (May 1, 2017).
\2\ See Letter from Toyo Kohan to Commerce regarding ``Toyo
Kohan's Request for Antidumping Administrative Review, Diffusion-
Annealed Nickel-Plated Flat-Rolled Steel Products from Japan,''
dated May 22, 2017.
\3\ See Letter from Thomas Steel to Commerce regarding
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel from Japan:
Request for Third Administrative Review of Antidumping Order,''
dated May 30, 2017.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 31292, 31294 (July 6, 2017)
(Initiation Notice).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
The revised deadline for the preliminary results of this review is June
4, 2018.\5\
---------------------------------------------------------------------------
\5\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
---------------------------------------------------------------------------
Scope of the Order
The diffusion-annealed, nickel-plated flat-rolled steel products
included in this order are flat-rolled, cold-reduced steel products,
regardless of chemistry; whether or not in coils; either plated or
coated with nickel or nickel-based alloys and subsequently annealed
(i.e., ``diffusion-annealed''); whether or not painted, varnished or
coated with plastics or other metallic or nonmetallic substances; and
less than or equal to 2.0 mm in nominal thickness. For purposes of this
order, ``nickel-based alloys'' include all nickel alloys with other
metals in which nickel accounts for at least 80 percent of the alloy by
volume.
Imports of merchandise included in the scope of this order are
classified primarily under Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also
be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. The
foregoing HTSUS subheadings are provided only for convenience and
customs purposes. The written description of the scope of this order is
dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. For Toyo Kohan, export price is calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the memorandum from
[[Page 26956]]
James Maeder, Associate Deputy Assistant Secretary for AD/CVD
Operations, performing the duties of Deputy Assistant Secretary for AD/
CVD Operations, to Gary Taverman, Deputy Assistant Secretary for AD/CVD
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, titled ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products
from Japan; 2016-2017'' (Preliminary Decision Memorandum), which is
issued concurrent with and hereby adopted by this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Application of Adverse Facts Available
Pursuant to section 776(a) of the Act, we are preliminarily relying
upon facts otherwise available to assign a weighted-average dumping
margin to NSSMC in this review because NSSMC did not respond to our AD
Questionnaire.\6\ Therefore, we preliminarily find that necessary
information is not on the record of this review, and that NSSMC
withheld information requested by Commerce, failed to provide
information by the specified deadlines, and significantly impeded the
conduct of the review. Further, we preliminarily determine that NSSMC
failed to cooperate by not acting to the best of its ability to comply
with requests for information and, thus, we are preliminarily applying
total AFA to NSSMC, in accordance with section 776(b) of the Act. For a
full description of the methodology underlying our conclusion regarding
the application of AFA, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Letter from Commerce to NSSMC, regarding the antidumping
duty questionnaire, dated July 18, 2017 (AD Questionnaire).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that, for the period May 1, 2016,
through April 30, 2017, the following weighted-average dumping margins
exist for the respondents:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd..................................... 4.53
Nippon Steel & Sumitomo Metal Corporation............... 77.70
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Disclosure and Public Comment
Commerce will disclose to parties to the proceeding the
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\7\ Interested parties may submit case briefs to Commerce in
response to these preliminary results no later than 30 days after the
publication of these preliminary results.\8\ Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days from the deadline date for the
submission of case briefs.\9\
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\7\ See 19 CFR 351.224(b)
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1) and (2).
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Parties who submit arguments in this proceeding are requested to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\10\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\11\ In order to
be properly filed, ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time. Case and
rebuttal briefs must be served individually on all interested
parties.\12\
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\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
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Within 30 days of the date of publication of this notice,
interested parties may request a public hearing on arguments raised in
the case and rebuttal briefs.\13\ Unless Commerce specifies otherwise,
the hearing, if requested, will be held two days after the date for
submission of rebuttal briefs.\14\ Hearing requests should be
electronically submitted to Commerce via ACCESS.\15\ Commerce's
electronic records system, ACCESS, must successfully receive an
electronically-filed document in its entirety by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. Requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.\16\ Parties will be
notified of the time and location of the hearing.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d)(1).
\15\ See generally, 19 CFR 351.303.
\16\ See 19 CFR 351.310(c).
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Commerce intends to publish the final results of this
administrative review, including the results of its analysis of issues
addressed in any case or rebuttal brief, no later than 120 days after
publication of the preliminary results, unless extended.\17\
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\17\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\18\ If a respondent's
weighted-average dumping margin is not zero or de minimis in the final
results of this review, we will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for an importer's examined sales and the total entered value
of such sales in accordance with 19 CFR 351.212(b)(1). If a
respondent's weighted-average dumping margin is zero or de minimis in
the final results of review, then we will instruct CBP to
[[Page 26957]]
liquidate that respondent's entries without regards to antidumping
duties in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \19\ Further, if an importer-specific assessment rate is
zero or de minimis, then we will instruct CBP to liquidate that
importer's entries without regards to antidumping duties.\20\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
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\18\ See 19 CFR 351.212(b)(1).
\19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
\20\ See 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by Toyo
Kohan for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for intermediate company(ies)
involved in the transaction.\21\ The all-others rate is 45.42
percent.\22\
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\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\22\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May
29, 2014) (Order).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for companies
subject to this review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
(except, if the rate is zero or de minimis, no cash deposit will be
required); (2) for merchandise exported by a producer or exporter not
covered in this review but covered in a prior, completed segment of
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair value investigation but the producer is, the cash deposit rate
will be the rate established a prior, completed segment of this
proceeding for the most recent period for the producer of the subject
merchandise; or (4) the cash deposit rate for all other producers or
exporters will be the all-others rate of 45.42 percent established in
the investigation.\23\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\23\ See Order, 79 FR at 30817.
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Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inference
A. Application of Facts Available
B. Use of Adverse Inference
C. Selection and Corroboration of the Adverse Facts Available
Rate
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Level of Trade
3. Sales to Affiliated Customers
4. Cost of Production Analysis
5. Cost of Production Test
6. Calculation of Normal Value Based on Comparison Market Prices
7. Price-to-Constructed Value Comparisons
8. Constructed Value
F. Currency Conversion
VIII. Recommendation
[FR Doc. 2018-12477 Filed 6-8-18; 8:45 am]
BILLING CODE 3510-DS-P